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60 Day Notice Served After Owner Informed Of My New Disability Income Breaking a Lease

Discussion in 'Rental Agreements & Subleases' started by cantcatchabreak, Mar 20, 2014.

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  1. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    I'm in California, and reside in a residential apartment complex. I have lived here for 2.5 yrs problem free; Not a single write up, party or complaint--ever. My apartment was always complimented by property manager on being the best maintained, etc.

    I have been unemployed for the past year and a half. I was on unemployment for a bit and never had a problem paying rent--ever. A car accident shortly after my layoff happened and a taxi expense I was forced to do, hit before my rent check thus bouncing my rent check. For over a year I've paid via cashier's check, on time, for the unfortunate bounced check. I asked the mngmt and owners if I could be taken off the cashiers check status because I'm now on disability instead of unemployment and am actually making less than before. The owners agreed and I paid the past 3 rent checks on time, via personal check, no problem.

    With my new disability payment schedule, the checks were not hitting my account until AFTER the late, cut off period per the lease. I wrote the owners a letter asking them to work with me on this being that I'm not in a financial position to "cushion" my account, and can only pay rent when I get the second check for the month. I even went as far as to outline my pay schedules for the next year so they could fully understand the issue. Lastly, I'm entering arbitration with AT&T and am asking a little over $70,000 for a settlement. I informed the owners of my goal, should I be granted anywhere near my demand amount, to pay them in full for my next year's rent. I just proposed the idea of handing them a check for a lump sum of $14,000! One would think they would be grateful with that kind of an offer.

    The owners responded-- didn't mention anything re: the $14,000 check but did respond with a cold $72 late fee and now re-nigging on our agreement to pay via personal check, and told me I needed to go back to cashiers checks. Also, that my rent and $72 fee were to be paid immediately in full in a cashier's check (their letter was given to me on the "late day" per the lease) 2 days later and a Sunday (banks closed and I was unable to get a cashiers check) I wrote a response to the owners saying that I was taken back by their insensitivity, but enclosed was a personal check for $1,267 and that the funds were 100% available. Management cashed my check and it went through just fine. Today, a week later, I came home to find a letter (no envelope) posted to my door. A 60 day notice. My lease expires June 1st and I'm to be out on that date--no explanation as to why.

    I am absolutely in no financial position to be moving. I don't have money for food after I pay my rent and bills, and now I'm forced to hire a mover and find another apartment. I LOVE my apartment and am absolutely crushed and at a loss for words. I've been hysterically crying so much tonight that someone in the complex actually called the police to do a welfare check on me.

    I firmly believe I'm being kicked to the curb because the greedy owners don't think I have enough money to pay them on my disability income. My disability is a sleep disorder, that sends me into an immediate REM sleep and I don't hear my alarm clock(s) blaring, going off for a good hour sometimes because I'm in such a deep sleep. I wholeheartedly believe that people in the complex may be "annoyed" by my disorder (though nobody has ever mentioned it to me) having to hear my alarm going off, combined with the owners lack of faith in my ability to pay on time. I feel incredibly discriminated against and intend to sue.

    a) Do I have a leg to stand on re: discrimination based on my disability
    b) Does a landlord have to ever give reason to terminate a lease upon it's expiration?
    c) Legally, does the landlord have to post the letter AS WELL AS send a version via mail (certified or otherwise)? If so, and the landlord fails to mail a version, what recourse do I have based upon their mishandling of serving notice?
     
  2. army judge

    army judge Super Moderator

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    A) No

    B) No

    C) No

    If you don't leave, as requested, they'll move to evict you.

    Once an eviction is brought against you, you'll find it almost impossible to rent again.

    If you are evicted, you'll find it impossible to rent again.

    An eviction in your state could take 8 to 12 weeks.

    Oh, as far as your financial difficulties, the court won't care.
    Neither will the court care about your medical condition.

    You owe a debt.
    You pay the debt.
    The landlord doesn't need to know why you're late.
    You pay, you leave, or you'll eventually be evicted.
    The deputy that places your stuff on the curb after the judge signs the order, won't care either.
     
    Last edited: Mar 20, 2014
  3. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    Army Judge:
    So if the courts don't care about my medical condition what's the point of protecting people with disabilities from discrimination???
    And I have no debts. I'm paid in full. I've always been paid on time and in full. I've abided by every single request given to me by management and the ownership. I have a medical condition and am currently being seen by a doctor-- hence being on disability.

    So you are saying it's ok for someone with a 150% positive track record, to be kicked to the curb for no cause other than the fact that she didn't make as much money as she once did-- yet still manages to pay her rent PLUS superfluous and exurbanite late fees with rapid speed. That's it's ok to single out and penalize tenants that have been nothing but open and honest in communicating their momentary financial hiccup by tossing them out on the street, stripping them of their only stability aka their home?
     
  4. cbg

    cbg Super Moderator

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    You're not being evicted because you are disabled. You're being evicted because of continuous late rent payments. Nothing in the ADA or any other law requires that you be given a pass on paying the rent on time because of a disability.
     
  5. army judge

    army judge Super Moderator

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    I'm NOT saying a damn thing.
    I'm telling you what the law says.
    Besides, it doesn't matter anymore.
    Your LL has given you 60 days to vacate.
    You vacate, or you'll eventually get evicted.
    I'm not in the equation, except as one who answered your questions.
    You are free to ignore me, insult me, but you'll still be evicted if you don't comply.
    By the way, you'd be surprised how many people have disabilities and still pay their bills.
    Remember, you brought up your condition, why I don't know?
    The law takes no notice of disability in a contract dispute, that's all this is, a garden variety, contract dispute.
     
  6. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    CBG:
    you are not computing this accurately. I had one bounced check in which I paid my time for the crime for over a year, via cashiers check rental payments. The owners overturned that decision upon my request and personal check payments were submitted and cleared just fine for the past 3 months.

    Then, a few disability payments into paying rent, the payments began to not jive with the owners specified "late on or by the 5th" date... but only by a day or two. I responsibly asked for a little leniency being that I had no control over the government's payment schedule. I'm at their mercy, but if things go as planned with my AT&T settlement, I'd be able to write them a check for $14,000 = my rental payments for the next year.

    Instead, the response I got was No, here's your $72 late fee, and because we are assholes-- not because you did anything wrong to infringe on our agreement, we are going to single you out and revert back to making you pay us via cashier's checks because now you're poor. PS, even though you just mustered up your full rent payment AND the $72 add'l fee per our request, in a lightening fast 2 days since our correspondence again, still abiding by our request, we are going to give you a 60 day notice. I figured getting them the money immediately, though via a personal check-- and because the bank is closed sundays and wasn't able to obtain a cashiers check (but they could easily call the bank to verify funds before depositing to rule out any issues of the check having insufficient funds). Check cleared just fine-- just like all the others, then yesterday I find a note to get out in 2 months. I'm doing everything right... including not admitting guilt and spending more money for something I didn't do wrong which would be to accept their cashier check going forward demand.

    You believe someone should be penalized and should plead guilty when all factual points support the fact you have done NOTHING wrong?
     
  7. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    I never said that I had no intention to NOT vacate. I plan to follow the demand-- just as I have all along.
    Again, I have a disability that may cause an annoyance to people in a close proximity aka my new neighbor (and the property manager lives directly across from me) but I have all but one time (and the most recent occurrence) have paid on time in full.

    I PAY ON TIME IN FULL EVERY TIME. AND THE ONE TIME THE PAYMENT SCREWED UP, I PAID THE PRICE BY SUBMITTING IN FULL ON TIME CASHIERS CHECKS.
     
  8. KatDini

    KatDini Well-Known Member

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    Your lease has been terminated per the contract you signed with the landlord. Your recourse is to move from their property. You have 60 days.
     
  9. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    So should I write the owner and ask for rationale as to why I'm getting kicked out. And when he doesn't supply me with one (because he's not going to say a) because youre poor or b) because your disability bothers us) then sue for the cost associated with moving because the only rationale explanation for my eviction that I can sum up is my disability because from 2011 to present day I've done nothing but follow their request to a T as a perfect tenant??
     
  10. cbg

    cbg Super Moderator

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    As AJ said, I'm not saying anything is or is not okay. I am defining the situation for you. The law does NOT say that you have to be allowed to pay your rent late because you are disabled. They are NOT required to provide you with a special payment plan or allow you to pay based on the timing of your checks. You are not being singled out - you are being treated exactly like everyone else WHICH IS EXACTLY WHAT THE LAW REQUIRES THEM TO DO. The purpose of the disability discrimination laws is to do exactly that - ensure that you are NOT treated differently than the rest of the population. How many other tenants do you imagine are being allowed to pay the rent based on the timing of their paychecks? I'm betting they aren't.
     
  11. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    After reading your posting, you're neither being evicted nor being "kicked out".

    Your landlord has provided you with the appropriate amount of notice that they are not going to renew your lease when it expires on June 1st (probably May 31st).

    This is no different than if you decided that you wished to move out when your lease expired and had to provide the appropriate notice to the landlord that you were not planning on renewing your lease for another year.

    No reason for this non-renewal need be given and if you write your landlord/management asking for one they are under no legal obligation to provide you this information.

    There may be many reasons for their decision not to renew your lease. Perhaps they wish to upgrade your apartment. Perhaps they wish to sell the complex. Whatever their reasons are, it has nothing to do with you and certainly nothing to do with your claims of discrimination regarding your disability. All they are required to do is provide you with the appropriate notice regarding non-renewal of your lease which they have done.

    Gail
     
  12. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    TheLawGraduate:
    Seriously? It took you a law degree to come up with "Your lease has been terminated per the contract you signed with the landlord. Your recourse is to move from their property. You have 60 days." Your new name should be Captain Obvious. The problem is IT SHOULD NEVER HAVE
    BEEN TERMINATED. There's absolutely no reason in the world for me to have to move.
     
  13. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    I'm pretty darn sure their paychecks are not gobbled up by 75% of their rent payment each payday and they can cushion their account and plan accordingly as I once was able to do.
    I am now in a position where I can't do that, and anyone with a sliver of a heart should recognize that the situation is completely out of my control and being the perfect tenant that I am, should not push me out the door with my momentary financial (couple of a days late) payment schedule.
     
  14. cbg

    cbg Super Moderator

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    That STILL does not make it disability discrimination.
     
  15. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    Gail, there are no plans to upgrade or sell. My apartment is the crème de la crème of the complex. The only apartment with no neighbors and all tile floors. I'm the only person who has been granted this "you're not welcome here anymore" letter. No, it's not the same as me giving my notice. I am unemployed. The ownership knows I'm in the middle of a whirlwind of lawsuits and have absolutely no money to hire movers, come up with new down payments, first and last months rent, etc.

    As an owner, you hire a property manager to fill the vacancies in a timely fashion so that yes, there is no lapse in your on-going revenue, but if the place is empty for a few months, it doesn't mean the owner now loses his entire life aka the roof over his head and the only shred of stability also known as "home." They are knowingly and willingly throwing me out on my ass whether they give me 6 days notice or 60 days notice. I was able to throw money together to make rent payments--just barely, but I most certainly do not have money to package, move and front payments on a new spread. I don't even have money for food.

    There is a deeper issue at hand. Nobody in their right mind-- without a hidden agenda does that to another human being. An asset and model home of the complex.
    It's personal, and it's not right.
     
  16. cantcatchabreak

    cantcatchabreak Law Topic Starter New Member

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    I'm on disability because I have a disability. Thus, my income is from disability insurance. Because of my disability and lack of wealth that pays me only pennies, I am now being told to pay via cashiers check when they had just agreed to allow me to pay with personal checks and was doing so successfully-- but once I brought up the honest issue in an attempt to lay all my cards on the table, I was now frowned upon for not make enough money in their eyes, and treated adversely for it. Whether I'm treated differently because of the annoyance of my disability, or the fact that I'm now poor (a disability in their eyes), I'm being singled out and treated unfairly.
     
  17. army judge

    army judge Super Moderator

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    You got your answer. You can sue if you wish. It's yoyr choice. I'm closing this thread. Stop flaming players. We don't discriminate when it comes to those who choose to break the rules.
     

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